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WALTER v. BAUER

88 A.D.2d 787 (1982)

John Walter, Individually and as Father and Natural Guardian of Christopher Walter, an Infant, Appellant, v. Louise Bauer et al., Respondents. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 21, 1982

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Under the circumstances presented here, Special Term should have granted plaintiff's motion to amend the ad damnum clause. "[I]n the absence of prejudice to the defendant, a motion to amend the ad damnum clause, whether made before or after trial, should generally be granted" (Loomis v Civetta Corinno Constr. Corp., 54 N...

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